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Home My WebLink About20231109000606 SPL23-0004 LID No Protest AgreementInstrument Number: 20231109000606 Document:AG Rec: $209.50 Page -1 of 7 Record Date:11/9/2023 2:01 PM Electronically Recorded King County, WA Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. Reference # (if applicable): Grantor/Borrower: Grantee/Assignee/Beneficiary: Legal Description/STR: Assessor's Tax Parcel ID#: N/A MT RAINIER CUSTOM HOMES LLC CITY OF AUBURN NW 17-21-05 334100-0010 THIS AGREEMENT made and entered into on the day of 2023, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and MT RAINIER CUSTOM HOMES LLC hereinafter referred to as "Property Owner", WHEREAS, the Property Owner is/are the Owner of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located on Parcel #334100- 0010 and described on Exhibit "A" and depicted on Exhibit "B", attached hereto. WHEREAS, the Property Owner desires to make certain improvements or develop the above -referenced property; and, WHEREAS, in connection with the improvement or development of such property, certain street - public works improvements would need to be made or otherwise provided for; and, WHEREAS, the Property Owner agrees to provide for those street - public works improvements through participation in a future Local Improvement District ("LID") LID No Protest Agreement Page 1 of 7 ENG -205, Revised 4/20 Instrument Number: 20231109000606 Document:AG Rec: $209.50 Page -2 of 7 Record Date:11/9/2023 2:01 PM King County, WA encompassing those improvements, should one be formed; and, WHEREAS, the Asst. Director Engineering / City Engineer of the City of Auburn agrees that the Owner may provide for the placement of street - public works improvements to serve the herein legally described property through participation in a future LID, NOW THEREFORE, based upon good and valuable consideration, the sufficiency of which is hereby acknowledged, IT IS AGREED as follows: 1. LID PARTICIPATION In connection with this agreement, and in connection with the development and/or improvement to the land of the Property Owner, the City agrees to allow the Property Owner to provide for the making, constructing, installing and providing for the street - public works improvements identified and set forth in paragraph 4 of this agreement through participation in a future LID. 2. OWNER WILL NOT PROTEST FORMATION OF LID The Property Owner agrees not to protest the formation of an LID for any or all of the street improvements identified and set forth in paragraph 4 of this agreement, if initiated by the City or by property owners adjacent to or benefiting the property. The Owner retains the right to object to the Owner's individual assessment and to appeal the final assessment roll to the superior court. 3. TERM OF AGREEMENT Pursuant to RCW 35.43.182, this Agreement shall terminate ten (10) years after its date of execution. 4. DESCRIPTION OF IMPROVEMENTS The improvements to be included in connection with this agreement shall be as follows: - 5 foot sidewalk - 5 foot landscaping strip - Curb and gutter - Storm facilities, including pipes, catch basins, manholes, and appurtenances necessary to convey existing street runoff to the City storm system - Concrete driveway aprons - Street illumination - Undergrounding of aerial utilities on 107th PI SE All said improvements shall be constructed in conformance with the City's design and construction standards in place at the time actual design and construction LID No Protest Agreement Page 2 of 7 ENG -205, Revised 4/20 Instrument Number: 20231109000606 Document:AG Rec: $209.50 Page -3 of 7 Record Date:11/9/2023 2:01 PM King County, WA takes place. 5. BINDING ON HEIRS, ASSIGNS This agreement shall be binding on the heirs, assigns and successors in interest of the parties hereto, and the obligations hereunder shall run with the land described in Exhibit "A". 6. CONSTRUCTION AND VENUE This agreement shall be construed in accordance with the laws in the State of Washington. In the event of any litigation regarding the construction or effect of this agreement, or the rights of the parties to this agreement, it is agreed that venue shall be in ®King ❑Pierce County, Washington. 7. COSTS TO PREVAILING PARTY In the event that either party initiates any action to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to reasonable costs and attorneys fees. An executed copy of this agreement shall be recorded among the land records of the ®King ❑Pierce County Auditor or Recorder. 9. INDEMNIFICATION The Property Owner shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, in connection with, or incident to the execution of this Agreement and/or the Property Owner's performance or failure to perform any aspect of this Agreement. No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 10. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties with respect to the matters set forth herein and any prior or contemporaneous understandings are merged herein. This contract shall not be modified except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above set forth. CITY OF AUBURN LID No Protest Agreement Page 3 of 7 ENG -205, Revised 4/20 Instrument Number: 20231109000606 Document:AG Rec: $209.50 Page -4 of 7 Record Date:11/9/2023 2:01 I'M King County, WA "I /'f DATED this 4'�' day of 2023. STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that Jacob Sweeting is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Asst. Director of Engineering / City Engineer of the City of Auburn to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal this.0 day of 2023. LID No Protest Agreement Page 4 of 7 ENG -205, Revised 4/20 Instrument Number: 20231109000606 Document:AG Rec: $209.50 Page -5 of 7 Record Date:11/9/2023 2:01 PM King County, WA �t�77 �l� �'L�7►��1►.I iii .� , .L. owNER� TITLE OWNER TITLE STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I know or have satisfactory evidence that,Y 4th ,r}�� jTdjh P I�W# and ,54"Alisaa/fit are/is the person(s) who appeared be� ore me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the and .6.-54r ALL of MT RAINIER HOMES LLC, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this off! day of ,1�01/�/YJ,B , 2023. e°A l »• o l OOTAIV y 4 -%j �l til N ,ckYyt,�' L[_ '""""' : 1 Notary Public in and for the State of Washington pu�a.�G R Residing at c�hyioh�ir�i +� ,gWS. ,®r® My appointment expires data LID No Protest Agreement Page 5 of 7 ENG -205, Revised 4/20 Instrument Number: 20231109000606 Document:AG Rec: 5209.50 Page -6 of 7 Record Date:11/9/2023 2:01 PM King County, WA EXHIBIT A PAGE OF NCS JOB# 220014 PARCEL# 3341000010 PROPERTY LEGAL THAT PORTION OF LOT 1, PLAT OF CD HILLMANS GREEN RIVER ADDITION NO, 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGE 67 RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 5 EAST, WM. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 120 FEET OF THE SOUTH 240 FEET OF LOT 1, CD HILLMANS GREEN RIVER ADDITION NO 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGE 67, RECORDS OF KING COUNTY, WASHINGTON. LESS COUNTY ROADS. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ATTACHED HERE TO EXHIBIT `B" 10-20-23 LID No Protest Agreement Page 6 of 7 Instrument Number: 20231109000606 Document:AG Rec: 5209.50 Page -7 of 7 Record Date:11/9/2023 2:01 PM King County, WA EXHIBIT 1131/ PAGE OF LEGAL DESCRIPTION 32000 BLK 108TH AVE SE., CITY OF AUBURN KING COUNTY, WASHINGTON EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION — _ SE 320TH ST I I 30' 30' 9. D' S�� pF WA B�rl mdki 85476 44, U LID No Protest Agreement Page 7 of 7 w� U) 30 LOT i ' CD HILLMANS GREEN RIVER ADDITION NO. 1 VOLUME 17, PAGE 67 PARCEL NUMBERI 0 3341000010 0 0 0 V) NORTH LINE OF THE NORTH 120 FEET > OF THE SOUTH 240 FEET LOT 1, 156.78' Q CD HILLMANS GREEN RIVER ADDITION NO. 1, VOLUME 17 OF PLATS PAGE 67. 00 0 rH o � 0 � N 30' SOU TH UIdE LOT 1 W DATE: NT4C� ;E�;OCTOBER, 2023 JOB NO.: SURVEYING, LLC 220014 17105 RIVER ROAD DRAWN BY: Leavenworth, Wa. 98826 Si Cell: (253) 606-6829 CHECKED BY. DDS dsalmon®ncssurveying.com SCALE: N. T. S.